David B. Owsley II

Currently prosecuting and defending multiple breach of contract, product liability, and employer liability actions alleging over $200 million in potential damages.

After a five week jury trial in New Jersey federal court, obtained defense verdict for fragrance company Mane USA dismissing claims that Mane misappropriated 600 trade secret perfumes from Swiss fragrance giant Givaudan, who sought over $80 million in damages. Won at the Third Circuit Court of Appeals affirming the verdict. See Givaudan Fragrances Corp. v. Krivda, 639 Fed. Appx. 840, 2016 U.S. App. LEXIS 2459 (3d Cir. N.J. Feb. 12, 2016).

Defended a corporate client in a high-stakes jury trial against a group of plaintiffs seeking over $150 million in compensatory and punitive damages for alleged chemical exposure and wrongful death.

Defended UK phone case manufacturer Tech21 against patent infringement claims filed by OtterBox at the United States International Trade Commission, In the Matter of Certain Protective Cases for Electronic Devices and Components Thereof, Investigation No. 337-TA-955. Obtained dismissal of the investigation, which threatened to ban importation of more than $200 million in prospective U.S. sales.

Obtained a $40 million settlement for global flavor company V. Mane Fils in a lawsuit against industry giant International Flavors and Fragrances for claims of patent infringement, false advertising, unfair competition, and tortious interference. Reported in NEW YORK TIMES.

Obtained defense judgment on behalf of a bank dismissing a $30 million claim for alleged investment mismanagement concerning the assets of a large trust. Obtained affirmance on appeal. See Middleton v. PNC Bank, NA, 2014 Ky. App. Unpub. LEXIS 846, 1-2 (Ky. Ct. App. Oct. 31, 2014), discretionary review denied Middleton v. PNC Bank, N.A., 2015 Ky. LEXIS 1793 (Ky. Aug. 20, 2015).

Obtained defense judgment dismissing claims brought by the Consumer Financial Protection Bureau alleging that a law firm paid “illegal kickbacks” in violation of RESPA. See Consumer Fin. Prot. Bureau v. Borders & Borders, PLC, 2017 U.S. Dist. LEXIS 108384, 2017 WL 2989183 (W.D. KY July 12, 2017). This was the CFPB’s first loss at the trial court level, ending a six-year investigation and a four-year federal litigation. The CFPB had sought to disgorge millions of dollars of law firm revenue associated with work performed on multiple years of real estate transactions.

Successfully represented a group of consumers and a commercial real estate brokerage firm in a series of constitutional cases under the Dormant Commerce Clause invalidating “turf state” laws that restricted interstate brokerage and impaired the national market for commercial real estate. Prevented state regulators from attempting to disgorge over $100 million in interstate brokerage commissions. Reported in the WALL STREET JOURNAL.

Successfully represented a client in a joint venture dispute over control of a $400 million manufacturing facility.

Overturned a $11 million default judgment against an employer for alleged unpaid compensation and then successfully prosecuted counterclaims for trade secret misappropriation, Lanham Act violations, and breach of fiduciary duty against a departing executive.

Successfully prosecuted claims for trade secret misappropriation, breach of fiduciary duty, and breach of restrictive covenants against a group of executives who attempted poach more than $15 million of customer accounts from their employer while starting a rival business. Injunctions obtained against multiple parties following a bench trial.

Successfully prosecuted complex breach of contract claims related to a business sale involving more than $18 million in compensatory damages.

Successfully prosecuted claims on behalf of an employer for trade secret misappropriation, breach of fiduciary duty, and breach of restrictive covenants against a managerial employee who started a rival business and purported to secure $5 million in customer contracts. Injunctions obtained after a forensic investigation and bench trial.

Obtained a series of federal judgments for a phone case manufacturer enforcing intellectual property rights relating to trade dress, trademark, Lanham Act violations, and patent claims.

Obtained $2.5 million recovery in an arbitration demand for commercial indemnification on behalf of a manufacturer against a supplier.

Obtained judgments of approximately $2 million recouping losses by investors in an international manufacturing facility.

Obtained trial court and appellate rulings that a city’s quasi-criminal enforcement actions were unconstitutional under the First Amendment and the doctrine of intergovernmental immunity. City of Audubon Park v. Louisville Regional Airport Authority, 2017 WL 4712775 (Ky.App., 2017).

Successfully defended California Proposition 65 litigation related to chemical labeling.

Successfully defended a business against a putative environmental class action.

Successfully defended a manufacturer in an antitrust suit alleging unlawful price discrimination.

Successfully prosecuted claims for trademark infringement, unfair competition, and cybersquatting against a departing executive.

Successfully prosecuted claims for indemnification related to false designation of product content and country of origin against a manufacturing supplier.

Conducts internal financial investigations and forensic computer analysis, reports findings, and provides recommendations to clients and organizations.

Advises entities on antitrust compliance and competition issues.